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STATE v. JOHNSTON

No. 10335.

367 P.2d 891 (1962)

The STATE of Montana, Plaintiff and Respondent, v. Robert C. JOHNSTON, Defendant and Appellant.

Supreme Court of Montana.

Decided January 16, 1962.

As amended January 19 and 25, 1962.

Attorney(s) appearing for the Case

Richard J. Conklin, argued orally, White Sulphur Springs, for appellant.

John V. Potter, Jr., County Atty., argued orally, White Sulphur Springs, Forrest H. Anderson, Atty. Gen., and Donald Garrity, Asst. Atty. Gen., argued orally, for respondent.

DOYLE, Justice.

The defendant, Robert C. Johnston, was convicted of the crime of uttering and delivering a fictitious check in Meagher County on or about October 9, 1959.

This cause was tried to a jury and on June 27, 1961, the jury returned a verdict of guilty and left the punishment to be fixed by the court. The defendant was thereafter sentenced to five years in the Montana State Prison at Deer Lodge. Defense counsel moved for a new trial which was denied...

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